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2018 Supreme(J&K) 883

ALOK ARADHE
Aniece Chowdhary – Appellant
Versus
Javed Chowdhary – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. O.P. Thakur, Advocate
For the Respondent:Mr. R.K. Bhatia, Advocate

JUDGMENT :

Alok Aradhe, J.

The petition is admitted to hearing. With consent of the parties, the same is heard finally.

1. In this petition under Section 104 of the Constitution of the State of Jammu and Kashmir the petitioner inter alia has assailed the validity of the order dated 31.07.2007 passed by the Principal District Judge, Jammu by which ad interim order dated 08.12.2006 passed by the Trial Court has been set aside.

2. Facts giving rise to the filing of this petition briefly stated are that the petitioner has filed a suit seeking relief of permanent prohibitory injunction restraining the respondents from interfering in the peaceful possession of the petitioner over the land admeasuring 42 kanals 15 marlas forming part of Khasra No. 138 (17 kanals 12 marlas) Khasra No. 280 (19 kanals 06 marlas), Khasra No. 281 (03 kanals 11 marlas) and Khasra No. 282 (2 kanals 6 marlas) situate at village Birpur, Tehsil Samba, District Jammu. The claim of the petitioner is based on the ground that his father was in exclusive possession of land as owner. It is the case of the petitioner that the respondent-1 had committed certain omissions and commissions which were unbecoming of a faithful son.









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